DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 132-18                 
Ref: Signature date 


This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 13 March 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 21 January 1980.  You served for a year and nine months without disciplinary incident but, during the period from 6 October 1981 to 21 May 1982, you received five non-judicial punishments (NJP) for various misconduct including two for wrongful possession of marijuana, wrongful use of marijuana, wrongful possession of a controlled substance, and wrongful possession of drug paraphernalia.  Subsequently, you were notified of pending administrative separation by reason of misconduct due to drug abuse.  Your commanding officer recommended discharge under other than honorable (OTH) conditions.  The discharge authority approved the recommendation and directed an OTH discharge. 

The Board carefully weighed all potentially mitigating factors, including your contentions that you were called back because of an erroneous reading on everyone’s urinalysis, but could not think right due to family issues, and that you feel you should have been put in a rehabilitation program.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in five NJPs, and wrongful drug use.  The Board noted that there is no evidence in your record that you were recalled due to an erroneous reading on a urinalysis, and there is no indication that would have impacted your other drug possession offenses.  Also, prior to your discharge, you received a medical evaluation to assess whether you were drug dependent.  You were found not drug dependent.  Therefore, your command was under no obligation to send you to drug rehabilitation treatment unless it was determined by competent medical authority that you were drug dependent.  The Board, in its review, discerned no error or injustice in the discharge. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters. New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely, 

6/5/2019